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Schnibbe v. Stutz

116 N.Y.S. 1147 Court N.Y. App. Div. Decision date 1909-04-28 English

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p. 1147
SCHNIBBE, Appellant, v. STUTZ et al., Respondents.
(Supreme Court, Appellate Division, Second Department.
April 28, 1909.)

Headnote

Action by Richard Schnibbe against Louis Stutz and another.

Plaintiff’s testimony that, upon his objection to the provisions furnished and refusal to accept them, the defendants agreed that if plaintiff would accept them they would “stand behind them,” tended to establish indemnification for subsequent acceptance. Without further expression upon the merits, we reverse the judgment dismissing the complaint, and order a new trial; costs to abide the event.